Coleman v. Rhodes

Pennewill, C. J.,

delivering the opinion of the Court:

The plaintiff’s declaration consists of four counts, the first three charging the defendant with the negligent operation of a motor vehicle, which resulted in the death of said Sarah A. Coleman while riding as a nonpaying passenger in the automobile owned by the defendant.

The fourth count differs from the first three in this: that it charges wilful and intentional negligence on the part of the defendant.

The defendant has pleaded to this count, and demurred to the others on the ground that they are not good in law to sustain the plaintiff’s…